eesti.ee : Apply for Maintenance Allowance Estonia

Organization : EESTi, Gateway to eEstonia
Facility : Apply for Maintenance Allowance
Country : Estonia

Website : https://www.eesti.ee/en/

Apply for Maintenance Allowance :

Maintenance allowance can be applied for by a parent who is raising child alone, if he or she has brought an action against the other parent to claim the maintenance and if there is one of the following :

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** a court’s ruling on proposal to pay in the case of processing a claim for alimony under expedited procedure;
** a ruling securing a claim, for which an application or securing a claim was submitted to the court regarding fulfilling a financial support obligation.

In order to receive maintenance allowance, you must submit to the Estonian National Social Insurance Board an application within 30 days as of the date of making the ruling on proposal for payment or the ruling on securing an action.

Maintenance allowance shall be paid for up to 90 days as of the date of making the ruling on proposal for payment or the ruling on securing an action.

Maintenance allowance shall be paid, if no maintenance allowance has been paid earlier to the applicant’s child for the benefit of whom the parent is applying for maintenance allowance. The daily rate of maintenance allowance shall be one third of the child allowance rate.

Child support and maintenance allowance :
A child has the right to receive financial support from both parents. A parent is released from the obligation to provide maintenance for a child only under exceptional circumstances (§ 102 (2) of the Family Law Act).

If a parent does not participate in the raising of the child and does not provide financial support either, the child has the right to receive monthly financial support – alimony – by court decision in the amount of at least half the minimum monthly wage established by the Government of the Republic.

Besides minor children, adult children may also receive alimony, but not more than until he or she attains 21 years of age.

They are eligible to receive alimony if they are studying in basic school, upper secondary school or a vocational educational institution, are incapacitated for work or are in a child care institution.

A parent entered on a child’s birth certificate can be ordered to pay alimony. If the parents have not already reached agreement with regard to financial support, court action should be filed. Action on behalf of the child may be filed by the child’s parent or guardian as the legal representative of a minor child.

The alimony is ordered to be paid starting from the time at which the action is filed; on the basis of the parent’s application, a court may also order that alimony be paid retroactively up to one year before the action was filed.

The precise amount of alimony for the child shall be determined based on the child’s needs and the financial condition of both parents.

A statement of claim can be submitted electronically at e-toimik.ee, where you can also submit an application for expedited procedure in a matter of payment order in a claim for support for a child (it can be done when the parent from whom support is claimed is registered on the child’s birth certificate).

In case of failure of the other parent to pay alimony, the bailiff should be contacted, with reference to the court decision. On the basis of the Bailiffs Act, the bailiff is entitled to collect a fee for collecting the alimony.

In general, the recipient of the alimony shall pay income tax on the alimony, and the payer of the alimony has the right to deduct it from his or her income.

Maintenance allowance :
Maintenance allowance is a temporary allowance paid by the state to a minor child whose parent or parents do not perform the maintenance obligation or fail to perform such obligation to the extent prescribed in the Act.

The maintenance allowance scheme is comprised of maintenance allowance during court proceedings and maintenance allowance during enforcement proceedings.

Maintenance allowance during court proceedings :
Maintenance allowance during court proceedings is paid if a person has turned to court with a maintenance claim and it has been taken up, but a decision has not been made.

Starting from next year, maintenance allowance is paid for 150 days instead of the former 90 days and the amount of maintenance allowance paid is 100 euros per month.

To apply for maintenance allowance during court proceedings, the following must be obtained from the court :
** the ruling on proposal for payment, or;
** the ruling on securing an action.